37270 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

§ 9. lll Paulsell Valley. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Paulsell Valley’’. For purposes of part 

4 of this chapter, ‘‘Paulsell Valley’’ is a 

term of viticultural significance. 

(b) Approved maps. The four United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the 

viticultural area are titled: 

(1) Knights Ferry, California, 2015; 

(2) Keystone, California, 2015; 

(3) Cooperstown, California, 2015; 

and 

(4) Paulsell, California, 2015. 

(c) Boundary. The Paulsell Valley 

viticultural area is located in Stanislaus 

County, California. The boundary of the 

Paulsell Valley viticultural area is as 

described in paragraphs (c)(1) through 

(20) of this section: 

(1) The beginning point is on the 

Knights Ferry map at the intersection of 

Willms Road, Kennedy Road/Sonora 

Road, and State Highway 108/State 

Highway 120. From the beginning point, 

proceed southeasterly along Willms 

Road for 7.2 miles, crossing over the 

Keystone map and onto the 

Cooperstown map, to the intersection of 

Willms Road and Warnerville Road at 

the Warnerville Cemetery; then 

(2) Proceed west, then south along 

Warnerville Road for a total of 0.5 mile 

to its intersection with Crabtree Road at 

the railroad tracks west of the town of 

Warnerville; then 

(3) Proceed in a southerly direction 

along Crabtree Road for 6.7 miles to its 

intersection with the canal known 

locally as the Modesto Main Canal; then 

(4) Proceed westerly along the canal, 

crossing onto the Paulsell map, and 

continuing along the canal for a total of 

1.6 miles to the Modesto Reservoir; then 

(5) Proceed along the eastern shore, 

then northern shore, of the Modesto 

Reservoir for 12.9 miles to the fifth 

intersection of the shore with an 

unnamed, intermittent creek at the 

northernmost point of the reservoir; 

then 

(6) Proceed southwesterly in a straight 

line to the northern terminus of 

Reservoir Road; then 

(7) Proceed south-southwest along 

Reservoir Road for 2.2 miles to its 

intersection with the 200-foot elevation 

contour; then 

(8) Proceed northwest in a straight 

line for 1.2 miles to the intersection of 

Hazeldean Road and Tim Bell Road; 

then 

(9) Proceed north along Tim Bell Road 

for 3.1 miles to its intersection with 

Claribel Road south of the town of 

Paulsell; then 

(10) Proceed west along Claribel Road 

for 2.4 miles, crossing Cashman Creek, 

to the intersection of the road with the 

260-foot elevation contour; then 

(11) Proceed north in a straight line 

for 2 miles to the intersection of 

Warnerville Road and the 300-foot 

elevation contour east of Cashman 

Creek; then 

(12) Proceed northeast in a straight 

line, crossing onto the Knights Ferry 

map and continuing for a total of 1.1 

miles to the intersection of Fogarty Road 

and a railroad track; then 

(13) Proceed east in a straight line for 

0.9 mile to Paulsell Lateral; then 

(14) Proceed northerly along Paulsell 

Lateral for 2.4 miles to its intersection 

with Cashman Creek; then 

(15) Proceed northwest in a straight 

line for 1.3 miles to State Highway 108/ 

State Highway 120; then 

(16) Proceed northeast in a straight 

line for 2.4 miles to the third 

intersection of State Highway 108/State 

Highway 120 with the 300-foot 

elevation contour; then 

(17) Proceed southeast along State 

Highway 108/State Highway 120 for 1 

mile to its intersection with the 260-foot 

elevation contour; then 

(18) Proceed northeasterly along the 

260-elevation contour for 1.4 miles to its 

intersection with Sonora Road southeast 

of Knights Ferry; then 

(19) Proceed southeast along Sonora 

Road for 0.1 mile to its intersection with 

Kennedy Road; then 

(20) Proceed northeast, then east, then 

south along Kennedy Road/Sonora Road 

for 0.4 mile, returning to the beginning 

point. 

Signed: June 21, 2021. 

Mary G. Ryan, 

Administrator. 

Approved: June 21, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2021–15053 Filed 7–14–21; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0505] 

RIN 1625–AA08 

Special Local Regulation; Chesapeake 

Bay, Between Sandy Point and Kent 

Island, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish special local regulations for 

certain waters of the Chesapeake Bay. 

This action is necessary to provide for 

the safety of life on these navigable 

waters located between Sandy Point, 

Anne Arundel County, MD, and Kent 

Island, Queen Anne’s County, MD, 

during a paddling event on September 

26, 2021. This proposed rulemaking 

would prohibit persons and vessels 

from entering the regulated area unless 

authorized by the Captain of the Port 

Maryland-National Capital Region or the 

Coast Guard Patrol Commander. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 16, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0505 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Mr. Ron 

Houck, Sector Maryland-National 

Capital Region Waterways Management 

Division, U.S. Coast Guard; telephone 

410–576–2674, email D05-DGSectorMD-NCR-MarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

PATCOM Coast Guard Patrol Commander 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

ABC Events, Inc. of Arnold, MD, has 

notified the Coast Guard that it will be 

conducting the Bay Bridge Paddle from 

8 a.m. to noon on September 26, 2021. 

The annual canoe, kayak and stand up 

paddle board event for elite and 

intermediate paddlers includes up to 

400 paddlers in two classes operating on 

two race courses in the Chesapeake Bay, 

under and between the north and south 

bridges that consist of the William P. 

Lane, Jr. (US–50/301) Memorial Bridges, 

located between Sandy Point, Anne 

Arundel County, MD, and Kent Island, 

Queen Anne’s County, MD. The first 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37271 

course, for elite paddlers, is a 9-statute 

mile/14.5-kilometer race course that 

starts at the east beach area of Sandy 

Point State Park at Annapolis, MD, 

proceeds southerly along the shoreline 

to a point on the course located between 

north bridge piers 13 and 13A, then 

easterly along and between the bridges 

toward the eastern shore at Kent Island 

and turns around upon reaching a point 

near Kent Island, then proceeds 

westerly along and between the bridges 

toward the western shore, turns upon 

reaching a point on the course located 

between north bridge piers 24 and 25, 

proceeds northerly to the Sandy Point 

Shoal Lighthouse, and proceeds 

westerly to a finish at the east beach 

area of Sandy Point State Park. The 

second course, for intermediate 

paddlers, is a 3.1-statute mile/5- 

kilometer course that starts at the east 

beach area of Sandy Point State Park at 

Annapolis, MD, and follows the elite 

paddlers to the north bridge, then 

easterly along and between the bridges 

toward the eastern shore at Kent Island 

and turns northerly upon reaching a 

point on the course located between 

north bridge piers 24 and 25, and 

proceeds to a finish at the east beach 

area of Sandy Point State Park. Hazards 

from the paddle races include numerous 

event participants crossing designated 

navigation channels and interfering 

with vessels intending to operate within 

those channels, as well as operating 

within approaches to the Sandy Point 

State Park public boat launch facility 

and marina. The COTP MarylandNational Capital Region has determined 

that potential hazards associated with 

the paddle races would be a safety 

concern for anyone intending to 

participate in this event or for vessels 

that operate within specified waters of 

the Chesapeake Bay between Sandy 

Point and Kent Island, MD. 

The purpose of this rulemaking is to 

protect event participants, nonparticipants and transiting vessels on 

certain waters of the Chesapeake Bay 

before, during, and after the scheduled 

event. The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70041. 

III. Discussion of Proposed Rule 

The COTP Maryland-National Capital 

Region is proposing to establish special 

local regulations from 7 a.m. to 1 p.m. 

on September 26, 2021. The regulated 

area would cover all navigable waters of 

the Chesapeake Bay, adjacent to the 

shoreline at Sandy Point State Park and 

between and adjacent to the spans of the 

William P. Lane Jr. Memorial Bridges, 

from shoreline to shoreline, bounded to 

the north by a line drawn from the 

western shoreline at latitude 

39°01′05.23′′ N, longitude 076°23′47.93′′ 

W; thence eastward to latitude 

39°01′02.08′′ N, longitude 076°22′40.24′′ 

W; thence southeastward to eastern 

shoreline at latitude 38°59′13.70′′ N, 

longitude 076°19′58.40′′ W; and 

bounded to the south by a line drawn 

parallel and 500 yards south of the 

south bridge span that originates from 

the western shoreline at latitude 

39°00′17.08′′ N, longitude 076°24′28.36′′ 

W; thence southward to latitude 

38°59′38.36′′ N, longitude 076°23′59.67′′ 

W; thence eastward to latitude 

38°59′26.93′′ N, longitude 076°23′25.53′′ 

W; thence eastward to the eastern 

shoreline at latitude 38°58′40.32′′ N, 

longitude 076°20′10.45′′ W, located 

between Sandy Point and Kent Island, 

MD. 

The proposed duration of the special 

local regulations and size of the 

regulated area are intended to ensure 

the safety of life on these navigable 

waters before, during, and after the 

paddle races, scheduled from 8 a.m. to 

noon on September 26, 2021. The COTP 

and the Coast Guard Event Patrol 

Commander (PATCOM) would have the 

authority to forbid and control the 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area would be required 

to immediately comply with the 

directions given by the COTP or Event 

PATCOM. If a person or vessel fails to 

follow such directions, the Coast Guard 

may expel them from the area, issue 

them a citation for failure to comply, or 

both. 

Except for Bay Bridge Paddle 

participants and vessels already at 

berth, a vessel or person would be 

required to get permission from the 

COTP or Event PATCOM before 

entering the regulated area. Vessel 

operators would be able to request 

permission to enter and transit through 

the regulated area by contacting the 

Event PATCOM on VHF–FM channel 

16. Vessel traffic would be able to safely 

transit the regulated area once the Event 

PATCOM deems it safe to do so. A 

person or vessel not registered with the 

event sponsor as a participant or 

assigned as official patrols would be 

considered a non-participant. Official 

patrols are any vessel assigned or 

approved by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

If permission is granted by the COTP 

or Event PATCOM, a person or vessel 

would be allowed to enter the regulated 

area or pass directly through the 

regulated area as instructed. Official 

patrols would direct non-participants 

while within the regulated area. Official 

patrols enforcing the regulated area can 

be contacted on VHF–FM channel 16 

and channel 22A. 

The regulatory text we are proposing 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size and duration of the 

regulated area, which would impact a 

small designated area of the Chesapeake 

Bay for 6 hours. The Coast Guard would 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

status of the regulated area. Moreover, 

the rule would allow vessels to seek 

permission to enter the regulated area, 

and vessel traffic would be able to safely 

transit the regulated area once the Event 

PATCOM deems it safe to do so. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 


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37272 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism), if it has a substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this proposed rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves implementation of 

regulations within 33 CFR part 100 

applicable to organized marine events 

on the navigable waters of the United 

States that could negatively impact the 

safety of waterway users and shore side 

activities in the event area lasting for 6 

hours. Normally such actions are 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2021–0505 in the ‘‘SEARCH’’ 

box and click ‘‘SEARCH.’’ Next, look for 

this document in the Search Results 

column, and click on it. Then click on 

the Comment option. If you cannot 

submit your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T05–0505 to read as 

follows: 

§ 100.T05–0505 Bay Bridge Paddle, 

Chesapeake Bay, Between Sandy Point and 

Kent Island, MD. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All navigable waters of the Chesapeake 

Bay, adjacent to the shoreline at Sandy 

Point State Park and between and 

adjacent to the spans of the William P. 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37273 

Lane Jr. Memorial Bridges, from 

shoreline to shoreline, bounded to the 

north by a line drawn from the western 

shoreline at latitude 39°01′05.23′′ N, 

longitude 076°23′47.93′′ W; thence 

eastward to latitude 39°01′02.08′′ N, 

longitude 076°22′40.24′′ W; thence 

southeastward to eastern shoreline at 

latitude 38°59′13.70′′ N, longitude 

076°19′58.40′′ W; and bounded to the 

south by a line drawn parallel and 500 

yards south of the south bridge span 

that originates from the western 

shoreline at latitude 39°00′17.08′′ N, 

longitude 076°24′28.36′′ W; thence 

southward to latitude 38°59′38.36′′ N, 

longitude 076°23′59.67′′ W; thence 

eastward to latitude 38°59′26.93′′ N, 

longitude 076°23′25.53′′ W; thence 

eastward to the eastern shoreline at 

latitude 38°58′40.32′′ N, longitude 

076°20′10.45′′ W, located between 

Sandy Point and Kent Island, MD. These 

coordinates are based on datum NAD 

1983. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Coast Guard Event Patrol Commander 

(Event PATCOM) means a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard who has been 

designated by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region. 

Official patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor participating in the Bay Bridge 

Paddle or otherwise designated by the 

event sponsor as having a function tied 

to the event. 

(c) Regulations. (1) Except for 

participants and vessels already at 

berth, all non-participants are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area described in 

paragraph (a) of this section unless 

authorized by the COTP MarylandNational Capital Region or Event 

PATCOM. 

(2) To seek permission to enter, 

contact the COTP Maryland-National 

Capital Region at telephone number 

410–576–2693 or on Marine Band 

Radio, VHF–FM channel 16 (156.8 

MHz) or the Event PATCOM on Marine 

Band Radio, VHF–FM channel 16 (156.8 

MHz). Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP 

Maryland-National Capital Region or 

Event PATCOM. 

(3) Official patrols will direct nonparticipants while within the regulated 

area. Official patrols enforcing the 

regulated area can be contacted on 

VHF–FM channel 16 and channel 22A. 

(4) The COTP Maryland-National 

Capital Region will provide notice of the 

regulated area through advanced notice 

via Fifth Coast Guard District Local 

Notice to Mariners, broadcast notice to 

mariners, and on-scene official patrols. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7 a.m. to 1 p.m. 

on September 26, 2021. 

Dated: July 9, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–15060 Filed 7–14–21; 8:45 am] 

BILLING CODE 9110–04–P 


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